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A BILL TO BE ENTITLED
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AN ACT
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relating to the approval of certain construction, repair, or |
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rehabilitation projects at public institutions of higher education |
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in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.058, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Except as provided by Subsection (b) of this section, |
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the board shall approve or disapprove all new construction and |
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repair and rehabilitation of all buildings and facilities at |
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institutions of higher education financed from any source provided |
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that: |
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(A) the board's consideration and determination |
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shall be limited to the purpose for which the new or remodeled |
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buildings are to be used to assure conformity with approved space |
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utilization standards and the institution's approved programs and |
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role and mission if the cost of the project is not more than |
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$4,000,000 [$2,000,000], but the board may consider cost factors |
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and the financial implications of the project to the state if the |
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total cost is in excess of $4,000,000 [$2,000,000]; |
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(B) the requirement of approval for new |
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construction applies only to projects the total cost of which is in |
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excess of $4,000,000 [$1,000,000]; |
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(C) the requirement of approval for major repair |
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and rehabilitation of buildings and facilities applies only to a |
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project the total cost of which is more than $4,000,000 |
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[$2,000,000]; |
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(D) the requirement of approval or disapproval by |
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the board does not apply to any new construction or major repair and |
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rehabilitation project that is specifically approved by the |
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legislature; |
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(E) the requirement of approval by the board does |
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not apply to a junior college's construction, repair, or |
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rehabilitation financed entirely with funds from a source other |
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than the state, including funds from ad valorem tax receipts of the |
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college, gifts, grants, and donations to the college, and student |
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fees; and |
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(F) the requirement of approval by the board does |
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not apply to construction, repair, or rehabilitation of privately |
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owned buildings and facilities located on land leased from an |
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institution of higher education if the construction, repair, or |
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rehabilitation is financed entirely from funds not under the |
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control of the institution, and provided further that: |
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(i) the buildings and facilities are to be |
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used exclusively for auxiliary enterprises; and |
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(ii) the buildings and facilities will not |
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require appropriations from the legislature for operation, |
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maintenance, or repair unless approval by the board has been |
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obtained. |
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(c) As necessary to ensure that the board is required to |
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approve only substantial construction, repair, or rehabilitation |
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projects at institutions of higher education, for all projects |
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described by Subsection (a)(B) or (a)(C) the board by rule may |
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increase the total cost threshold required for board approval under |
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this section. |
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SECTION 2. The change in law made by this Act in amending |
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Section 61.058, Education Code, applies only to a project for which |
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an institution of higher education submits an initial application |
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for approval on or after the effective date of this Act. A project |
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for which an institution of higher education submits an initial |
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application for approval before the effective date of this Act is |
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covered by the law in effect when the institution submitted the |
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initial application, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |